Also, see extract below which I found at http://www.takeovers.gov.au/content/Resources/camac/compulsory_acquisitions_issues_paper.aspx. It would appear that given Colleseum started the bid with more than a 10% holding then in addition to acquiring a 90% stake they would also need 75% of the remaining shareholders to accept the offer in order to proceed with compulsory acquisition.
My bigger concern now is the protection of minority interests now that Colleseum has more than 50% control. Surely they will not be allowed to vote on anything that would be unfairly prejudicial or unfairly discriminatory against the interests of the minority shareholders? One of my big concerns would be related party transactions (for e.g. Colleseum putting in some high yielding sub debt into the business to give themselves preference ahead of shareholders).
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Also, see extract below which I found at...
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